FAROOQ AHMAD MAGRAY Vs. UT OF J&K

JUDGEMENT

(1.) Petitioner is aggrieved of order dtd. 7/9/2018 passed by learned Additional Sessions Judge, Sopore, to the extent it directs the petitioner to furnish bank guarantee to the tune of Rs.1.00 lac as a condition precedent for release of the vehicle bearing No.JK03C-6054 in his favour.

(2.) It has been contended by the petitioner that the condition imposed by the learned Additional Sessions Judge for release of the vehicle in question in his favour is onerous which the petitioner is unable to fulfill, as a result of which he is being deprived of the possession of the vehicle of which he happens to be the registered owner. According to the petitioner, by imposing such an onerous condition, the petitioner has been denied possession of the vehicle, as a result of which it has been made to deteriorate in the premises of the police station without there being any confiscation proceedings pending in respect of the vehicle in question.

(3.) Reply on behalf of the respondent-State has been filed in which the respondent has narrated the facts leading to seizure of the vehicle bearing No.JK03C-6054. As per the respondent, the aforesaid vehicle was seized in connection with investigation of FIR No.33/2018 for offences under Sec. 8/20 of the NDPS Act registered with Police Station, Fruit Mandi, Sopore. It is alleged that charas weighing 830 grams was recovered from one Ghulam Qadir Malik and charas weighing 270 grams was recovered from the possession of Gowhar Ahmad Mir, the occupants of the vehicle in question. After investigation of the case, the challan has already been produced against the aforesaid two persons before the Court of Additional Sessions Judge, Sopore.